Client Info and Terms

Peter Davey – Auckland Lawyer

PETER DAVEY BARRISTER LIMITED
CLIENT INFORMATION & STANDARD TERMS OF ENGAGEMENT

Subject to any specific instructions, the following sets out the basis on which Peter Davey Barrister Limited and Peter Davey (both referred to as “I”, “my” or “me”) will provide legal services to clients (referred to as “you” and “your”).

1.      Client Care and Service:

I will:

  • act competently, in a timely way, and in accordance with instructions received and arrangements made:
  • protect and promote your interests and act for you free from compromising influences or loyalties:
  • discuss with you your objectives and how they should best be achieved:
  • provide you with information about the work to be done, who will do it and the way the services will be provided:
  • charge you a fee that is fair and reasonable and let you know how and when you will be billed:
  • give you clear information and advice:
  • protect your privacy and ensure appropriate confidentiality:
  • treat you fairly, respectfully and without discrimination:
  • keep you informed about the work being done and advise you when it is completed:
  • let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers.  Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.  If you have any questions, please visit www. lawsociety.org.nz or call 0800 261 801.

2.     Fees:

Fees for my services are usually based on the time recorded at an hourly rate that will be advised to you with these terms.  However, I may take into account other factors such as the importance; urgency and complexity of the matter; the amount or value of any property involved and the results achieved in setting a fee that is fair and reasonable.

I will periodically issue invoices either at the end of each month or when a particular stage of my services has been completed. Payment needs to be made within 14 days of the date of each invoice unless otherwise agreed in writing by me.  I reserve the right to charge interest at the rate of 10% on any amount which is more than 7 days overdue.

Invoices may include charges for disbursements that have been incurred in performing my services.  For example, this could include filing fees charged by the Ministry of Justice for filing documents in court, charges for serving documents and fees charged by experts.

You will remain responsible for payment of all invoices even if you expect to be reimbursed by a third party and although you may have requested that any invoices are directed to a third party for payment.

I may require you to pay funds into a solicitor’s trust account as a deposit towards payment of my legal fees and disbursements.  The amount of any such deposit is not an estimate of my fees and disbursements, unless that is specifically stated by me in writing.

I reserve the right to suspend my services until any overdue invoice or deposit that has been requested by me has been paid. I will not be liable for any loss or damage that may be suffered by you or any other person if I suspend work in either situation and this does not limit my right to terminate my services in paragraph 3 below.

3.     Termination of services

My services will come to an end once they have been completed or we may agree to terminate them before that occurs.  You also have the right to terminate my services at any time by giving reasonable notice in writing to me.  I may terminate my services for “good cause” which include:

  • If you give instructions that would require me to breach any professional obligations;
  • If any of my invoices are overdue or if you have not paid a deposit that I have requested into a solicitor’s trust account;
  • If you do not provide me with instructions in a sufficiently timely way.

When my services are terminated you will need to pay for my services (including disbursements) reasonably and properly provided to you prior to the date of termination.

You agree for me to store documents relating to my services in a “cloud” based storage system and that you will be responsible for keeping copies of any documents that you require after my services are terminated.

4.      Professional Indemnity Insurance:

I hold professional indemnity insurance that meets or exceeds the minimum standards specified by the Law Society and I can provide you with particulars of those minimum standards upon request.

5.      Limitation of liability:

My duty of care is owed to you and my services are provided for your benefit.  I accept no responsibility or liability to any other person who relies on my services.

My liability for any claim that is related in any way to the services provided by me is limited to the maximum amount of the cover of my professional indemnity insurance.

6.      Complaints:

Please contact me by telephone or in writing if you have a complaint about my services or fees.  If I cannot resolve your complaint then we can refer it to another barrister mutually agreed by us.  Alternatively, the Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service.  To do so, phone 0800 261 801 and you will be connected to the nearest Complaints Service Office, which can provide information and advice about making a complaint.

7.      Lawyers’ Fidelity Fund:

The Law Society maintains the Lawyers’ Fidelity Fund for the purpose of providing clients of lawyers with protection against pecuniary loss arising from theft by lawyers. The Fidelity Fund does not apply to barristers as we do not hold client funds.

8.      General:

These terms apply to all services carried out for you in any capacity now or in the future. I reserve the right to change any of these terms by notice in writing to you.